HomeMy WebLinkAboutWK January 22, 2008
1685 CROSSTOWN BOULEVARD N.W. . ANDOVER, MINNESOTA 55304 . (763) 755-5100
FAX (763) 755-8923 . WWW.CI.ANDOVER.MN.US
City Council Workshop
Tuesday, January 22,2008
Conference Rooms A
& B
1. Call to Order - 6:00 p.m.
2. Sheriffs Department City Code Suggestions - Planning
a. Loitering
b. Ultimate Fighting
3. Church in Shopping Center Zone - Planning
4. Open Space Referendum/Commission Update - Planning
5. Crosstown Boulevard NW/Crosstown Drive NW Discussionl06-48 - Engineering
6. Discuss Prairie Knoll Park/Parking Lot Expansion (North)/07-50 - Engineering
7. Update Super Rink Discussions - Administration
8. Discuss Community Education Opportunities - Administration
9. Other Business
10. Adjournment
1685 CROSSTOWN BOULEVARD N.W. . ANDOVER, MINNESOTA 55304 . (763) 755-5100
FAX (763) 755-8923 . WWW.CI.ANDOVER.MN.US
City Council Workshop
Tuesday, January 22,2008
Conference Rooms A
& B
1. Call to Order - 6:00 p.m.
2. Sheriffs Department City Code Suggestions - Planning
a. Loitering
b. Ultimate Fighting
3. Church in Shopping Center Zone - Planning
4. Open Space Referendum/Commission Update - Planning
5. Crosstown Boulevard NW /Crosstown Drive NW Discussion/06-48 - Engineering
6. Discuss Prairie Knoll Park/Parking Lot Expansion (North)/07-50 - Engineering
7. Update Super Rink Discussions - Administration
8. Discuss Community Education Opportunities - Administration
9. Other Business
10. Adjournment
@
1685 CROSSTOWN BOULEVARD N.W. . ANDOVER, MINNESOTA 55304 . (763) 755-5100
FAX (763) 755-8923. WWW.CI.ANDOVER.MN.US
TO: Mayor and Councilmembers
CC: Jim Dickinson, City Administrator
FROM: Captain Tom Wells, Sheriff's Department
SUBJECT: Sheriff's Department City Code Suggestions
(a. Loitering
(b. Ultimate Fighting
DATE: January 22,2008
INTRODUCTION
The Sheriff's Department would like to have the City Council consider a couple of City Code changes
that would alleviate some potential problems. Complaints of loitering have been increasing from area
businesses and to help clear a premises of young adults who have been loitering, a code change is
suggested (see attached).
Secondly, the occurrence of more "Ultimate Fighting" among young people needs a code section to allow
law enforcement officers to break up an event before it gets too far along. About a year ago, the City
passed a code amendment to outlaw ultimate fighting in a licensed establishment that serves liquor.
However the need to prevent this type of fighting goes much further than in bars or restaurants.
Apparently the youth are engaging in ultimate fighting in parks and other public lands. Both the cities of
Lino Lakes and Blaine have adopted provisions that go much further to guard against this type of behavior
in their cities (see attached).
DISCUSSION
To enable the law enforcement professionals to stop both unwanted behaviors, it is recommended that
similar code sections to what Lino Lakes and Blaine have enacted be adopted.
ACTION REQUESTED
The Council is asked to discuss the issues and if these code amendments are recommended, direct staff to
prepare appropriate public hearing notices and bring them forward to a Council meeting in the near future.
Respectfully submitted,
Tom Wells
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Attachments: Lino LakesfB1aine/ Anoka sample code sections
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CITY OF ANDOVER
COUNTYOFANOKA
STATE OF MINNESOTA
ORDINANCE NO. -
AN ORDINANCE AMENDING TITLE 3 (Section 3-lB-12) OF THE CITY CODE
SPECIFYING CONDITIONS OF A LIQUOR LICENSE IN THE CITY OF ANDOVER
WHEREAS, The City Code has been reviewed and Title 3 is in need of updating to prevent
"Ultimate Fighting" or similar fight venues at or adjacent to establishments where liquor is
sold. The amendment affects regulations in Title 3 of the City Code.
NOW THEREFORE BE IT RESOLVED, THE CITY COUNCIL OF THE CITY OF
ANDOVER HEREBY ORDAINS:
Section 3-1B-12 of Code of the City of Andover is hereby amended to add the following
condition related to liquor licenses:
K. No licensee shall permit in any licensed establishment. or anv adioining property owned
or leased bv the licensee. any boxing. wrestling. or any other form of entertainment whose
primary purpose is physical contact by striking or touching an opponent with hands. feet. or
body. Team sports in which physical contact is incidental to the primary purpose of the
game such as basketbalL vollevball. soccer. footbalL basebalL hockev. and softball are not
included among activities prohibited by this section.
All other sections of the City Code shall remain as written and adopted by the City Council
of the City of Andover.
Adopted by the City Council of the City of Andover on this 5th day of September, 2006.
CITY OF ANDOVER
ATTEST: Michael R.
Gamache, Mayor
Victoria V olk, City Clerk
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Wahl, Mik
From: Wayne Wegener [wayne.wegener@ci.lino-Iakes.mn.usl
Sent: Tuesday, October 30,200712:16 PM
To: Wahl, Mike
Subject: Ultimate fighting
Mike,
The following was taken from our ordinance that was passed at our last council meeting and will be
implemented in early November:
CHAPTER 509. ULTIMATE FIGHTING
509.01 DEFINITION AND PURPOSE
Ultimate fighting is any activity, regardless of how named or described, or any form of
entertainment, where the primary practice involves individuals engaged in physical contact by
striking an opponent with hands, head, feet or body. This shall include, but not be limited to,
any contest where kicking, punching, martial arts, or submission holds are permitted. The City
Council finds that the practice of ultimate fighting is dangerous and puts individuals and the
public health, safety and welfare at great risk.
509.02 PROHIBITED CONDUCT
It shall be unlawful in any public or private building or place to organize, permit, be present at,
or to participate in the practice of ultimate fighting. Officially sanctioned and regulated boxing,
martial arts, wrestling and team sports in which physical contact is incidental to the primary
purpose of the game such as hockey, basketball, volleyball, soccer, baseball and softball, are
not included among activities prohibited by this section.
Wayne J. Wegener Jr.
Uno lakes Police Department
Patrol Officer
Phone: 651.982.2300
Fax: 651.982.2399
10/30/2007 3'
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CITY OF BL-<\INE
ORDINANCE NO. 07-2142
AN ORDINANCE ADDING DIVISION 4, SECTION 50-155 TO ARTICLE
Ill, CHAPTER 50 OF THE MUNICIPAL conE OF THE CITY OF
BLAINE, REGULATING ULTIMATE FIGHTING WITHIN THE CITY
OF BLAINE, MINNESOTA.
THE CITY OF BLAINE DOES ORDAIN: (Added portions are underscored and deleted
portions are shown in brackets with overstrike.)
DIVISION 4. ULTIMATE FIGHTING
Sec. 50-155. ULTIMATE FIGHTING.
(a) Definition and purpose. Ultimate fighting is any activity, regardless of h.ow
named or described. or any form of entertainment. where the primary practice involves
individuals engaged in physical contact by striking an opponent \'lith hands, head, feet or body,
Jhis shall include. but not be limited to, any contest where kicking. punching. martial arts. or
submission holds are permitted. The City Council finds that the practice of ultimate fighting i~
dangerous and puts individuals and the public health. safety and welfare at great risk.
(b) Prohibited conduct. It shall be unlawful in any public or private building or place
to organize. permit. be present at, or to participate in the practice of uitilJlate fighting. OtTicially
sanctioned and regulated boxing, martial arts. wrestling and team sports in which physical
contact is incidental to the primary purpose of the game such as hockey, basketball. vollevball.
soccer, baseball and softbalL are not included among activities prohibited by this section.
INTRnnUCED ANn READ in full the 19th day of July, 2007.
PASSEl) by the City Council of the City of Blaine this 2nd day of August, 2007.
Tom Ryan, Mayor
A TrEST:
Jane M. Cross, CMC, City Clerk
1
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JAN-15-2008 TUE 09:20 AM ANOKA POLICE DEPT F AX NO.
763 5762802 1'. Ut:
CITY OF' I/NOKA
CITY CODE
CHAPTE~4~ARrrCLEIV
,
CHAPTER 46. OFFENSES Ar\n> MISCELLANEOUS :PROVISIONS
ARTICLE TV. Offellses Jnvolvine: Puhiic Peace and Order
Section 46-91. Breach aBhe peace.
No person sball use any language in a public pface tb'at is reasonably calculated to cause
an immediate bre!lch ofthtl peace.
Section 46-92. Loitering.
(1I) Wl10tlver commits any ofthe following acts is guilty
';Ifa petty misdemeanor:
(1) Lingering about
the doorway of any building, or sitting or lingering
upon the steps~ windowsills, railing, fence, or parking
area adjacent to
any buildi~g in such
a manner so liS to obstruct or partj!llly obstruct
ingress to or egress
from such buiJcHng or'in such a manner to annoy
the owner or occupant.
(2) Remaining for
more than five minutes on any private business premise
wlljch is posted wit!\
a COnspicuous sign conta.ining the words "No
Loitering" whefl:
(i) the business establishment is closed; or (ii) the
perSOll chflfged does
not visibly demonstrate any intent to conduct
business' at tbe.
estab,l.ishment or to leave the premise after having
conducted such business.
(3) Remaining for
more than five minutes on any public business premise
Wllich is posted with
a conspicuous sign containing the words "No
Loitering" w)1en such
premise neither has been nor will be open for
business within 30
minutes.
(4) Rem!\ining
for more than five minutes on any public or private non-
business premise which
is posted with a conspicuous sign containing
the words "No Loitering,"
(5) Lingering for
any length of time upon any public. or private premises or
move in a slow and
cleliberate ma!\Jler without purpose or otherwise
interfere with, obstruct,
or render dangerous or unreasonable for
passage, any public
highway, sidewall" parl~ing area or right-of-way
after having been
warned within the preceding .four months, either
orally or in writing,
by the owner, ag,ent, manager, or person in charge
thereof, or by any
law enforcement agent or ol-ticin!, that such condllct
will result in fl
charge under this sectinn, The provisions of this
subsect.!!!n shall
be applicable only along !\I1Y street designated as a "No
Cruising Zone" and
only between the hours of9:00 p.m. and 2;00 n.m,
(b) Whoever commits any of the following acts is guilty ofa misdemeanor:
(1) Failing or
refusing to vacate or leave any premises after being
requested or ordered,
either orally or in writing, to do so by the owner,
agent, manager or
person in charge thereof, or by any law enforcement
agent or official
or returning at any time then:after to any such. pl'emise
after having been
so requested or ordered to vacate such premise,
Wii.
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JAN-15-2008 TUE 09:21 AM ANOKA POLICE DEPT F AX NO. 763
b'(6l!HUl! 1'. Uj
CiTY OF ANOKA
CITY CODI,
CHAPTER 46,ARTICLE IV
(2) Any of the acts described in this Article within one (I) year
of being
found guJlty ohny violation of this Al1icle.
(c) For ptu'jloses of this section, premises shall. include any yard, lot, parcel,
sidewalk, boulevard, street, highway, alley, park, playground, .restatJrant, cafe,
church, school, any car or other motor vel1icle, parking lot, drive-ill, building
used for business, commercial or industrial purposes, washroom or lavatory,
apartment hallway or other location whether public or private in the city.
Business premises include aU premises, whether public or private, which include
a facility that has established open and closed hours. Non-business premises
include all other premises in the city.
Sections 46-93 thru 46-120. Reserved.
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1685 CROSSTOWN BOULEVARD N.W. . ANDOVER, MINNESOTA 55304 . (763) 755-5100
FAX (763) 755-8923 . WWW.CI.ANDOVER.MN.US
TO: Mayor and Councilmembers
CC: Jim Dickinson, City Administrator
Will Neumeister, Community Deve10pm .
FROM: Courtney Bednarz, City Planne~
SUBJECT: Church in Shopping Center
DATE: January 22, 2008
INTRODUCTION
The Coon Rapids United Methodist Church has requested that they be allowed to locate a
church in the Hanson Commons II Shopping Center. This use of the property would
require an amendment to the City Code.
DISCUSSION
There is likely to be little debate about the benefit that churches provide to the residents
of the city. In this case the question is about where churches may be allowed to be
located.
City Code
Currently the City Code allows churches as a conditional use in each of the residential
zoning districts. The proposed site is zoned Shopping Center (SC). If the Council is
willing to allow this proposal to move forward, staff would suggest adding churches as a
conditional use only to the Shopping Center District. This would limit their potential
locations to the Hanson Commons and Downtown Centers and continue to prohibit their
location in Neighborhood Business and General Business Districts.
Details of the Proposal
The church has provided the attached letter to summarize how the space within the
shopping center would be used. In speaking with Pastor Reinhart, he indicated that one
service per Sunday would be held and that it may be possible to expand to a second
service in the future. The letter indicates that activities are being considered for other
days and times during the week. These activities would be limited to small groups.
Parking
Small shopping centers like Hanson Commons are required to have one parking stall per
250 square feet of gross floor area. Parking ratios for individual uses are not used, even
though the ratio for restaurants is higher. There are several reasons for this, briefly:
1. Gross floor area is used for the shopping center ratio. Storage and other dead
space is removed from individual use ratios.
2. All of the businesses will not be at full capacity at the same time and the same
people may patronize more than one establishment in the center during their visit.
Assuming the rest of the center is operating at full capacity, 54 stalls would remain for
the church. The letter indicates that 140 people or approximately 93 vehicles will attend
the Sunday service. In speaking with Pastor Reinhart, he indicated that this is a high
estimate, equating to only 1.5 persons per vehicle. The city requires one parking stall for
every three persons for churches or 47 stalls for 140 people. Staff estimates that the
maximum occupancy of the space is approximately 190 people which would require 63
parking stalls.
Pastor Reinhart has indicated that the service will only be held on Sunday mornings and
an agreement with the Oak View Middle School can be reached to allow for overflow
parking. The amount of parking directed to the middle school could be adjusted to
prevent conflicts with the needs of other businesses in the center. He also indicated that
the church would advise members not to park on the local streets in the neighborhood.
Conditional Use Permit Review
If the Council chooses to amend the City Code to allow churches in the Shopping Center
Zoning District as a conditional use, the particular details of the proposal can be reviewed
and addressed as conditions of approval of a future conditional use permit as necessary.
ACTION REQUESTED
The Council is asked to review the attached information and indicate if there is support
for amending the City Code.
Attachments
Letter
Location Map
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Coon Rapids United Methodist Church
-
. 10506 Hanson Blvd. NW
Coon Rapids, MN 55433
763-755-6990
United Methodist Church
Coon Ra~i.o." Mark Miller, Senior Pastor
Bill Reinhart, Associate Pastor
December 17, 2007
To: Andover City Council
Attn: Mr.Courtney Bednarz
re: Hanson Commons Permitted Usage
Dear Council
Coon Rapids United Methodist Church is seeking to establish a temporary second campus of
our church in Andover and is currently seeking an amendment to city code regarding permitted uses
for leased space in the Hanson Commons shopping center. The space currently under consideration
is the corner site formally occupied by Budget Blinds (the south parking lot, the storefront closest to
154th ave NW). In speaking with Mr. Dan Fairbanks (the property owner) and Mr. Courtney
Bednarz, it is our understanding that an amendment to city code would be required for our usage.
The proposed usage is as follows:
The purpose of the space would be to serve the Andover community through a leased space
until this new church community grows to sufficient size to warrant using public school space, or
until our 3-year lease has expired, after which we will re-evaluate our outreach strategy. We
propose using the existing storefront with only minimal design changes (removing one interior wall,
finishing the remaining flooring). The peak usage of the space would be for Sunday morning
worship between the hours of 8am and noon.
We have carefully considered the floor plan of the available space, parking lot space, and the
schedules of other tenants. Ofthe current Hanson Commons tenants, only five of them hold regular
Sunday hours, three of them in the South lot. Of these, one opens at lOam (FunTanTastic), with
Subway and ChopStix opening at 11 am. We believe that given our expected maximum worship
attendance (140 people per service, or approximately 93 cars), there are ample parking spaces in the
South and North lots (approximately 183), sufficiently away from the open restaurants and the
ATM as to not present a problem for these businesses. In fact, we expect the extra traffic to
positively impact those businesses serving food. A similar situation exists for Saturday nights,
another possible peak usage time. We would furthermore pursue an agreement with Oakview
Elementary School to use the east portions of their parking lot for any overflow parking for special
Leading people to Jesus ... Growing believers into disciples!
www.coonrapidsumc.org
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.
events. There would be no on-street parking, and we would work closely with the other tenants in
. scheduling events.
In addition to Sunday morning worship, our church leaders have also discussed offering family
friendly programs such as after school groups, puppet programs, and of course, practical bible
studies. Attendance for these events would likely be considerably smaller than what we anticipate
for Sunday mornings.
Our church is not new to the Andover area, with approximately 10% of our membership and
over half our staff coming from Andover. I will be serving as the lead pastor at the Andover site and
am currently an Andover resident (1478 154th Ave NW), so I am well aware of the general
happenings of the neighborhoods around the Hanson Commons. In addition, in recent months Coon
Rapids United Methodist Church has offered several services to the people of Andover, including a
door-to-door power tool giveaway, a variety of FunFest events, such as puppet shows and family
crafts (the mini-tent craft was especially popular), a school supply giveaway in the South Hanson
Commons lot, a study on love and marriage held in the Andover City Hall, and most recently, a
Halloween "Trunk-Or-Treat" event sponsored by the other tenants of Hanson Commons. We
believe that using this leased space is the best stepping stone for our plan to continue to grow in our
service to Andover, allowing us to have the 24/7 presence in the community that a public school
space would not allow. Because of the high cost of leased storefront space, we would seek to use
space in a public school to hold our worship services after the initial three years, or earlier if growth
permits,
We would appreciate a chance to talk through our proposal with the Andover City Council at
your earliest convenience. Because this property is currently vacant and being shown to other
prospective tenants, our intent would be to secure the lease as soon as allowable, hopefully by
February or March of2008. We look forward to serving the people of Andover in new and relevant
ways in the years to come.
Thank you for your consideration.
Bill Reinhart, Associate Pastor
Coon Rapids United Methodist Church
Leading people to Jesus n' Growing believers into disciples! www.coonrapidsumc.o
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of Proposed Church
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lease space would be at the far north end of the building)
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1685 CROSSTOWN BOULEVARD N.W.. ANDOVER, MINNESOTA 55304. (763) 755-5100
TO: 'AX ,m, m-"". ~
Mayor and Councilmembers
CC: Jim Dickinson, City Administrato
Will Neumeister, Community Development Director d
FROM: Courtney Bednarz, City Planne4
SUBJECT: Open Space Referendum/Commission Update
DATE: January 22,2008
INTRODUCTION
The Commission has met monthly since it was created in June of last year. A summary of
progress on assigned duties is attached. More specific details are provided below, including the
next steps and a request for ajoint meeting with the Council.
DISCUSSION
The work of the Commission has focused on four different tasks:
1. Contributing to the open space language of the Parks and Open
Space Chapter of
the Comprehensive Plan. The Commission discussed this item
at each meeting until
review was completed at the October 14th meeting.
2. Completion of a tabletop natural resource inventory. The Commission worked with
the Anoka Conservation District to assemble all available
information into a digital
format. This allows the information to be readily available
for reviewing properties and
creating maps. Work on this task began in July oflast year
and will continue in the
future as the information needs to be updated periodically.
3. Creation of a method for evaluating properties for preservation. The Commission
created a matrix for scoring properties based on the desirable
characteristics defined in
the Comprehensive Plan and the information available through
the natural resource
inventory. Work on this task began in October and continued
through the last meeting.' A
draft of the scoring matrix is attached.
4. Reviewing funding opportunities. The Commission reviewed a number of
funding sources to determine where matching funds could be
found. . The largest grant
identified is the DNR Natural and Scenic Areas Grant Program
with a 50% match up to
$500,000. However, the Commission did not feel that they would
be in a position to
recommend a project to the Council in time for the March 31,
2008 deadline for this grant
program.
NEXT STEPS
1. The Commission will be asked to apply the evaluation criteria to the natural resource
inventory on a citywide basis. The result will be a prioritized
list of areas and properties
that can be recommended to the Council for preservation. It
is anticipated that this will
take some time to complete.
2. Staff recommends that the city apply for a grant through MPCA to secUre funding for
field work. This would pay for field evaluation to refine the tabletop natural resource
inventory for the prioritized areas. The funds could also pay for survey work to achieve
legal descriptions for easements or deeds.
JOINT MEETING WITH COUNCIL
Staff would appreciate the opportunity to bring both groups together for a discussion about
where the commission's efforts should be directed as we move forward.
ACTION REOUESTED
This is an informational item. The Council may wish to select a date for a joint meeting with the
open Space Advisory Commission.
Attachments
Summary of Progress
Draft Scoring Matrix
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1685 CROSSTOWN BOULEVARD N.W. . ANDOVER, MINNESOTA 55304. (763) 755-5100
FAX (763) 755-8923 . WWW.CI.ANDOVER.MN.US
TO: Mayor and Council Members
CC: Jim Dickinson, City Administrato
FROM: David D. Berkowitz, Director of Public Works/City Engineer
SUBJECT: Crosstown Boulevard NW/Crosstown Drive NW Discussion/06-48 -
Engineering
DATE: January 22,2008
INTRODUCTION
The City Council is requested to discuss Crosstown Boulevard NW/Crosstown Drive NW, Project
06-48.
DISCUSSION
The City Council directed staff to evaluate possible safety improvements to the intersection of
Crosstown Boulevard and Crosstown Drive. The Anoka County Sheriff's Department has
submitted accident information for this intersection from 2000 through 2007. The majority of the
accidents occur from the left turning movement from Crosstown Drive to Crosstown Boulevard
northbound. Staff met with the Anoka County Highway Department to discuss possible safety
improvements for the intersection. The County would like to. apply for MN Metropolitan Area
Central Safety Funds (federal funds) for safety improvements to this intersection. If the project is
accepted the funding would be available for the 2009/2010 construction season. As part of the
application the county would propose the improvements consist of a right-in/right-out (RI/RO) at
Crosstown Drive and possibly a RI/RO at 139th Avenue.
Temporary signing could be placed in 2008 to restrict the turning movements during peak traffic
times. The signs would then be removed at the time the project is complete.
ACTION REQUIRED
The City Council is requested to discuss possible safety improvements to the intersection of
Crosstown Boulevard and Crosstown Drive and discuss if the City Council is willing to support the
MN Metropolitan Area Central Safety Funds application that would be submitted by Anoka
County.
Respectfully submitted,
0~o.~
David D. Berkowitz
Attachments: Location Map&; RI/RO Drawin{
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1685 CROSSTOWN BOULEVARD N.W. . ANDOVER, MINNESOTA 55304. (763) 755-5100
FAX (763) 755-8923 . WWW.CI.ANDOVER.MN.US
TO: MaY'" ond Council M_", ~
CC: Jim Dickinson, City Administrator
FROM: David D. Berkowitz, Director of Public Works/City Engineer
SUBJECT: Discuss Prairie Knoll Park/Parking Lot Expansion (North)/07-50 - Engineering
DATE: January 22,2008
INTRODUCTION
The City Council is requested to discuss Prairie Knoll Park/Parking Lot Expansion (North), Project
07-50.
DISCUSSION
Last fall the City Council directed staff to evaluate adding additional parking at the north side of
Prairie Knoll Park. Attached for discussion are a Site Plan and a Class V parking lot layout that
would add approximately 37 additional parking spaces. Also attached is a cost estimate to
construct the lot. Keep in mind that the cost is based on a contract amount. If the work were done
with Public Works personnel the cost would be about half that amount.
BUDGET IMPACT
The parking lot expansion would be funded from Park Dedication.
ACTION REQUIRED
The City Council is requested to discuss Prairie Knoll parking lot expansion and direct staff on
how to proceed. If the City Council would like to pursue this option the information would be
presented to the Park and Recreation Commission for review.
Respectfully submitted,
Q~Q
David D. Berkowitz
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Attachments: SIte P an, Par ng Lot Layout & ost Estimate
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Englnee(s Estimate
Section A. Street and Restoration Improvements
I:NGINEER'S ESTIMATE
ITEM
EST. UNIT
No. ITEM UNITS
QUAN. PRICE TOTAL
1 MOBILIZATION LS
1 $5,000.00 $5,000.00
2 COMMON EXCAVATION (EV)
CY 300 $9.00 $2,700.00
3 TOPSOIL BORROW (LV)
CY 50 $18.00 $900.00
4 SUBGRADE PREPARATION
SY 1,500 $4.00 $6,000.00
5 AGGREGATE BASE CLASS 5
TON 400 $19.00 $7,600.00
6 SEEDING AC
0.2 $1,500.00 $300.00
7 EROSION CONTROL BLANKETS CATEGORY 2
SY 100 $2.75 $275.00
Total Section A. Street & Restoration Improvements
$22,775.00
()
1685 CROSSTOWN BOULEVARD N.W. . ANDOVER, MINNESOTA 55304. (763) 755-5100
FAX (763) 755-8923 . WWW.CJ.ANDOVER.MN.US
TO: Mayor and Council Members
FROM: Jim Dickinson, City Administrator
SUBJECT: Update - Super Rink Discussions
DATE: January 22,2008
INTRODUCTION
At the November 27th Council workshop meeting (minutes attached), the Council authorized the
City Administrator to investigate the possibility of the City of Andover reserving ice time at the
National Sports Center Super Rink in Blaine. I have summarized the progress made on this topic
below.
DISCUSSION
Over the past month the Recreational Facility Manager and the City Administrator have been
discussing with representatives of the Super Rink in Blaine the potential of reserving ice time,
and having priority scheduling. To achieve priority scheduling, the Super Rink will require a
deposit to reserve that position, and the deposits are done on the basis of$l,OOO,OOO deposit for a
full sheet of ice. In discussions with the Andover Youth Hockey Association relative to ice
demand, it was determined that a one-quarter sheet is what would be needed. That deposit would
then be $250,000. The $250,000 not-interest bearing deposit would be refundable upon a two
year notice by either the City or the National Sports Center.
City Administration did negotiate an agreement with the National Sports Center that is attached
for Council review. The agreement identifies the terms of an agreement; scheduling rights,
operational matters, a refund and buy back election, and the deposit amount, etc... The
Recreational Facilities Manager and the president of the Andover Youth Hockey Association
have. reviewed the agreement and are satisfied, the City Attorney has reviewed the agreement
from a legal perspective and I believe this is the best agreement that can be achieved at this time.
How the agreement would be enforced with the Andover Youth Hockey Association has not been
determined, but would be facilitated ASAP if the Council wants to proceed with this opportunity.
If the Council wants to proceed, Staff would like the Council to discuss whether or not the
Counc~l would like to pursue a rate of return on the deposit from the Andover Youth Hockey
Association similar to a City investment. For the City to make the deposit, the City would sell a
$250,000 long term investment in the investment portfolio and place that on deposit at the
National Sports Center.
ACTION REOUESTED
The Council is request to receive a brief presentation from Staff, discuss and provide direction on
how Staff should proceed.
~
Attachment
Andover City Council Workshop Meeting
Minutes - November 27, 2007
Page 10
Mr. Berkowitz provided an update on the Hanson Meadows development on 133rd at Jay Street.
He stated that Mr. Russo, the developer, went through the platting process and sold the land to a
builder; however, the builder went bankrupt. He stated the City has a $20,000 letter of credit and
is currently working with the finance company. He indicated the biggest issue is that Mr. Russo
has 3-4 significant trees on the site and as part of the plat, the City required removal of those
trees; Mr. Russo has indicated he did not know about the tree removal and is not allowing the
City to take the trees down. He stated that staff is going to work with the City Attorney on the
Issue.
Mr. Dickinson stated the Andover Huskies Youth Hockey Association approached the Super
Rink about reserving some time at the rink. He noted there are a number of cities that put money
up front on the Super Rink and now staff is seeing some cities pulling away from it that have
built their own rinks. The Super Rink is now building more sheets of ice for a total of eight. At
the last Community Center Advisory Group meeting, they discussed whether the City should be
a player in this to work with the local hockey association and the City to participate in securing
other ice so the City can manage the market and have some control of ice time available to assist
its largest client and possibly divert some ofthe pressure for expanding. He asked the Council
for input on whether staff should explore the concept with the amateur sports commission at the
Super Rink of reserving a certain number of hours and working with them to make sure the hours
are filled. He noted that you get more premium hours by participating with the Super Rink.
Tony Howard stated he felt the hockey association got really lucky this year because it received
ice time from Coon Rapids and staff is working to sign a longer term contract for that ice. He
stated that an additional 160 hours of ice time was obtained through the Herb Brooks Foundation
at the Super Rink and the City was fortunate to get that. Without this additional ice time from
Coon Rapids and the Herb Brooks Foundation, and with the rapid growth of the sport, they
would have trouble obtaining enough ice time for everybody.
Councilmember Knight asked where the demand is coming from.
Mr. Howard replied the City added a junior gold league this year, which is 16-18 year olds.
They also started a program for 3-6 year olds and there are 120 children signed up for that.
Councilmember Jacobson requested staff investigate the matter further and come back to the
Council with its findings.
Mr. Dickinson stated he will come back to the Council in January with further information.
NEW BUSINESS - CHRISTMAS EVE HOLIDAY
Mayor Gamache stated the Council received Ms. Peitso' s memo regarding the closure of City
Hall on Monday, December 24, for the Christmas Eve holiday.
Councilmember Trude stated she felt it was important to create goodwill by closing City Hall on
Christmas Eve.
NATIONAL SPORTS CENTER
SUPER RINK EXPANSION
AGREEMENT
TillS AGREEMENT shall be effective as of the _day of 2008,
and is made and entered into by and between the State of Minnesota acting through the
Minnesota Amateur Sports Commission ("MASC"), the National Sports Center
Foundation ("NSCF"), a Minnesota non-profit corporation and the City of Andover
("COA"), a Minnesota political subdivision.
WITNESSETH:
WHEREAS, MASC, pursuant to Minnesota Statutes Chapter 240A, has the
authority to design, construct, own and operate an ice arena and auxiliary facilities; and
WHEREAS, MASC has determined the need for additional ice sheets at the
Schwan Center, and has requested the issuance of tax exempt bonds ("Bonds") by the
Anoka County Housing and Redevelopment Authority ("ACHRA") for the purpose of
assisting in the financing of an additional ice arena ("Facility") consisting of at least four
ice sheets to be located on property owned by the MASC at the National Sports Center
("NSC") at 1700 - 105th Avenue NE, Blaine, Minnesota; and
WHEREAS, it is contemplated that the total cost of the Facility including the
cost of the design, construction and securing financing will be approximately
$11,100,000.00; and
WHEREAS, the ACHRA has agreed to issue Bonds for the purpose of financing
a portion of the construction of the Facility pursuant to certain terms and conditions all to
be set forth in various bond documents ("Bond Documents"); and
WHEREAS, COA is willing to participate in funding the Facility by agreeing to
purchase a minimum number of ice sheet hours each year during the term of this
Agreement, subject to certain terms and conditions as hereinafter provided for; and
NOW THEREFORE, for good and valuable consideration the parties hereto
hereby agree as follows:
SECTION 1
TERM
This Agreement shall be effective as of the date set forth above, and shall terminate
on the earlier of the first day of January, 2026, or the fmal maturity date of the Bonds.
This Agreement shall remain in effect until the final maturity date of the Bonds
notwithstanding any redemption of the Bonds in advance of the maturity date thereof.
SECTION
2
JOINT BOARD
2.1 Creation. The MASC & NSCF agree to the establishment of
a board
("Joint Board") consisting of one member appointed by the Blaine Youth Hockey
Association (BYHA), one member appointed by the Centennial Youth Hockey
Association (CYHA), two members appointed by the NSCF, and 2 members appointed
by the MASC. MASC may also appoint non-voting ex-officio members as needed. With
respect to the two members to be appointed by the NSCF, one such member shall be
appointed to represent the interest of Columbia Users and the City of Andover (COA);
one such member shall be appointed to represent the interests of Forest Lake Youth
Hockey (FL YHA) and Herb Brooks Foundation (HBF). The COA may appoint one non-
voting ex-officio member.
2.2 Powers. The Joint Board shall exercise such powers as are set forth in this
Agreement or as may be required by any of the Bond Documents. In addition, the Joint
Board shall have the following powers:
(a) Establish procedures for the fair and equitable exercise of rights relating to
this Agreement. .
(b) Approval of an annual operating budget consistent with this Agreement
and the Bond Documents.
(c) Establish fair and equitable use and programming policies and procedures
not covered by and not inconsistent with this Agreement and the Bond
Documents.
(d) Recommend programming decisions.
SECTION
3
SCHEDULING RIGHTS FOR ICE TIME
3.1 Rink Partners. For purposes of this Agreement, the following parties are
designated as "Rink Partners" with rights to schedule hours: NSCF, Columbia Users,
COA, FL YHA, HBF, BYHA, and CYHA. When scheduling ice time on the ice sheets at
the Facility, the Rink Partners shall have the priority rights set forth below during the
term of this Agreement. These priority rights shall be exercised by the Rink Partners on
such terms, conditions and procedures, including the length of notice that must be given
to exercise such priority rights, as may be reasonably established from time to time by the
Joint Board.
3.2 Rights of Partners for Scheduling Hours. The Rink Partners shall have the
following priority rights ("Priority Hours") with respect to scheduling ice time each year
at the Facility for 1340 hours between each year between September 1 and March 31:
(a) COAlNSCF/Columbia Users shall have a priority right to schedule ice
time for up to 1340 hours. 335 hours (25%) for COA and 1005 hours
(75%) for NSCF/Columbia Users. For COA, at least 215
hours evenly
distributed throughout the season for it's youth hockey association
between the second Sunday in October and the second Sunday in
February.
(b) BYHA Users shall have a priority right to schedule ice time for up to 1340
hours.
(c) CYHA Users shall have a priority right to schedule ice time for up to 1340
hours. The Centennial Cities shall have the right to schedule up to 12% of
these hours.
(d) FL YHAlHBF Users shall have a priority right to schedule ice time for up
to 1340 hours or, 670 hours (50%) for FL YHA and 670 hours (50%) for
HBF.
3.3 NSCF Additional Rights to Scheduling Hours. In addition to the priority
scheduling rights the NSCF has pursuant to Section 3.2 (a) above, it shall have the
following first priority scheduling rights:
(a) NSCF shall have a priority right to schedule on all four rinks for the
months of April, May, June, July and August of each year. NSCF shall
credit hours sold equally to all four rink partners and such credit shall be
applied towards their obligations.
(b) NSCF shall have priority for all four rinks for up to 140 hours of ice time
for the All American Girls' and Women's Ice Hockey Tournament for
four days total in October and/or November of each year.
(c) NSCF shall have priority for all four rinks for up to 352 hours of ice time
for a Christmas Tournament to be held between Christmas Day and New
Years Day each year.
3.4 Additional Rights to Scheduling Hours for BYHA. CYHA. FL YHAlHBF
& COAlNSCF/CU. In addition to the priority rights granted to the Rink Partners
pursuant to Section 3.2 above, each of the Rink Partners shall be entitled to a scheduling
priority for all four rinks for the purpose of holding a tournament for one weekend from
September 1 to March 31 of each year.
SECTION 4
COA GUARANTEED RENTAL INCOME
COA is obligated to pay rental income for the Facility annually ("Guaranteed
Rental Income") in an amount equal to Two Hundred and Fifteen (215) hours
("Guaranteed Hours") times the hourly rental rate ("Hourly Rate") as annually
established by the Joint Board for their respective rink rights. The Hourly Rate for COA
shall not be greater than that charged to other Rink Partners.
SECTION
5
PROCEDURES
5.1 Reserve or Buy Hours. On or before April 1 of each rental season, (or as
otherwise defmed by the Joint Board) each Rink Partner shall notify NSCF as to the
number of hours of the Rink Partner's Priority Hours for which the Rink Partner has
committed to rent or for which the Rink Partner has determined to use for its own use
("Secured Rental Income [Hours]") during the applicable rental season. NSCF will
then credit such Secured Hours as a reservation towards the Rink Partner's Guaranteed
Hours. At the same time, each Rink Partner shall release for programming or resale by
NSCF the balance of their Priority Hours ("Released Hours"). All Released Hours shall
be offered to others in the following order.
(1) To Rink Partners.
(2) To NSCF Ice Sports Programming Department.
(3) To other Super Rink users.
(4) To outside parties.
(5) If any Priority Hours still remain, NSCF will then use its best efforts to
program or sell such unsold Priority Hours.
5.2 Reconciliation. NSCF will provide each party by December
1 of each
year an estimate of the reconciliation between Guaranteed Rental Income and income
actually received and projected to be received by year end. In the event that any Rink
Partner fails to payor otherwise provide for the payment of Guaranteed Rental Income as
obligated in this Agreement, such Rink Partner will pay the difference between income
secured and income obligated within 30 days after the year-end reconciliation of accounts
showing the deficit and as is presented to each Rink Partner.
5.3 Credit for Released Hours Sold. When Released Hours
are sold credit
towards the Rink Partner's obligation will be provided in the same proportion as the
hours released by the Rink Partner bears to the total hours released by all Rink Partners.
Credit against Guaranteed Hours shall accrue as the released hours are rented and the
applicable rental income is received by NSCF.
5.4 Ice Costs. All use of the ice sheets pursuant to Sections 3.2 through 3.4
shall be paid by the party using the ice sheets at the Hourly Rate, and all hours paid for
pursuant to this Section 5.4 shall be credited to each respective party's obligation, if any,
to purchase ice time.
5.5 Scheduling and Programming Policies. Scheduling and programming
policies shall be determined by the Joint Board, except that scheduling may not be
inconsistent with this Agreement. Each Rink Partner has sole discretion in scheduling
and programming its Priority Hours so long as such scheduling and programming are not
inconsistent with this Agreement.
5.6 First Year Prorated adjustment to rights and obligations. The first year
hours obligations shall be prorated according to the actual opening date of the arena as
evidenced by an "Occupancy Permit".
SECTION 6
FINANCIAL AND OPERATIONAL MATTERS
6.1 Budget. NSCF shall submit a proposed annual budget ("Annual Budget")
to the Joint Board at least 120 days before the beginning of a new calendar year ("Fiscal
Year"). The Annual Budget shall include the hourly rate ("Hourly Rate") to be charged
for ice sheet rental. This Hourly Rate shall be set at a level such that projected
Guaranteed Rental Income, if received, will be adequate to pay all Bond obligations and
operating expenses.
6.2 Books and Records. Appropriate books and records showing the
operating revenues and expenses and capital assets and liabilities relating to the Facility
shall be maintained by NSCF.
6.3 Application of Revenues. The Bond Documents will include a schedule of
the debt service on the Bonds for each fiscal year under this Agreement. In the Annual
Budget adopted for each Fiscal Year the Joint Board will identify the amount of bond
debt service, bond expenses, and deposits to reserves ("Bond Expenses") required under
the Bond Documents. All ice sheet revenues paid or attributable to Guaranteed Rental
Income shall first be applied to Bond Expenses and then to the Facility's operating
expenses. Revenues from the Facility that are over and above that needed to cover the
Bond Expenses and operating expenses of the Facility shall be used for the benefit of the
Facility, including the development of the Facility or special events, improvements to or
expansion of the Facility, and the early payment of the Bonds, all as determined by
NSCF. Notwithstanding anything to the contrary in this Agreement, revenue from the
Facility shall be applied as required in the Bond Documents.
6.4 Operating Expenses. NSCF shall be responsible for the operation of the
Facility and no other party shall be required to contribute any amounts towards the
operational expenses of the Facility other than their Guaranteed Rental Income
obligations. As part of the consideration for such undertaking by NSCF, NSCF may sell
products, services and signage commonly known as "concessions" or "sponsorships" at
the Facility and the revenues and expenses relating to such concessions or sponsorships
shall accrue to NSCF and not to the other parties to this Agreement. Notwithstanding the
above, NSCF shall contribute the net profit from "concessions" and "sponsorships" at the
Facility to the benefit of the Facility. At the option of NSCF, such contribution may be
used for capital, operation, reserve or program purposes. NSCF has the rights to sell
dasher board signage to regional sponsors as part of overall Facility sponsorship to offset
operating expenses of the Facility.
6.5 Allocation of Ooerating Expenses. For purposes of determining the
Facility's operating expenses, NSCF may make such reasonable allocations of the overall
operation of the National Sports Center expense to the Facility that fairly represent the
cost of all National Sports Center staff facilities and equipment employed on behalf of or
beneficial to the Facility.
6.6 Pavrnent of Hourlv Rental. All hourly rental charges shall be paid in
advance according to advance payment policies established by the Joint Board.
SECTION 7
CONSTRUCTION OF FACILITY.
NSCF will be responsible in all respects for the design and construction of the
Facility.
SECTION 8
DEPOSIT TO SECURE RIGHTS
8.1 COA agrees to deposit with the National Sports Center Foundation,
$250,000 by March 1, 2008 in return for securing the rights and obligations under this
agreement.
SECTION 9
REFUND AND BUY BACK ELECTION
9.1 Refund Election. COA, at its discretion, has the right to request a refund
of the $250,000.00 deposit paid to secure its rights under this Agreement. In order to
exercise this right, COA must provide 24 months advance written notice to NSCF of
COA's election to exercise this provision, which notice must state the date upon which
the refund payment is to be made (the "Notice of Election"). Notwithstanding the return
of the $250,000.00, COA shall remain obligated and retain priority scheduling rights
hereunder to the renting of 215 hours per season up until such time as the 24 month
notice has ended or the NSCF has resold the rights to the quarter sheet set forth herein
and the purchaser thereof begins to exercise its priority scheduling rights.
9.2 NSCF buy back election. The NSCF has the right to exercise the right to
buy back COA's rights for $250,000 upon 24 months written notice stating the date upon
which the payment is to be made (the ''Notice of Election"). Notwithstanding the
payment of the $250,000.00, COA shall remain obligated and retain priority scheduling
rights hereunder to the renting of 215 hours per season up until such time as the 24 month
notice has ended or the NSCF has resold the rights to the quarter sheet set forth herein
and the purchaser thereof begins to exercise its priority scheduling rights.
SECTION 10
ADDITIONAL AGREEMENTS
It is understood that Anoka County may assign revenues received pursuant to the
Agreement in connection with the financing of the Facility. Such requirements to the
extent inconsistent with this Agreement shall take precedence over this Agreement.
SECTION 11
ASSIGNMENT OR ASSUMPTION OF INTEREST.
11.1 Assignment of Interest. Any party may sell, assign or transfer all or any
part of its interest in this Agreement or the Facility to any other party to this Agreement
on such terms and conditions as they may agree among themselves. No party shall sell,
assign or transfer all or any part of its interest in this Agreement or the Facility to a non-
party without first offering such interest to the other parties to this Agreement under such
terms, conditions, and procedures as may be established from time to time by the Joint
Board; provided, however, that such terms, conditions and procedures shall not prevent
the COA or its successors from selling its interest to a non-party if the purchase price to
be obtained from such non-party is greater than the purchase price that would be paid by
the other parties to this Agreement. Notwithstanding the above, any sale, assignment or
transfer must be substantially equivalent for financing purposes such that the security
interests of Anoka County are not diminished and shall be subject to Anoka County's
approval, which approval shall not be unreasonably withheld. Any sale, assignment or
transfer of the rights and responsibilities contained in this Agreement that is done in
accordance with this Section 11.1 shall relieve the assigning party of its obligations under
this Agreement. Furthermore, no such sale, assignment or transfer may be made which
would have the effect of causing the Bonds to be classified as "private activity bonds."
Nothing herein shall prevent the BYHA, CYHA or the COA from assigning or pledging
its interest in this Agreement to a lender in connection with any fmancing. This provision
does not restrict or alter the rights of COA under Section 9 above.
11.2 Assumption Rights. In the event that COA is dissolved or otherwise
disbanded or in the event that it defaults in its obligations under this Agreement, the
NSCF has the right to assume all of COA rights and obligations under this Agreement
after providing written notice of the alleged default to COA, or its successor, at its last
address of record, and such default is not cured within sixty days of the date such notice
was postmarked. In the event COA's Bank holds a financial interest in this agreement,
the Bank shall be given the same sixty day notice before the NSCF can exercise its rights
under this Section.
SECTION 12
AMENDMENTS
This Agreement may not be amended except by written approval of the
undersigned or their successors in office. The rights of COA under this Agreement
may not be altered or amended without the written consent of COA.
SECTION 13
STATE AUDITS
All books, records, documents and accounting procedures and practices of the
parties and the Joint Board relevant to this Agreement shall be subject to examination by
the MASC, or other state agency as may be required by law.
SECTION 14
END OF TERM-RIGHT OF RENEWAL
If at the end of the term of this Agreement, the MASC and the majority of the
Joint Board elect to continue to operate the Facility as a four surface or greater ice arena,
each Rink Partner may renew its scheduling rights pursuant to the terms and conditions as
may be established by the Joint Board.
Minnesota Amateur Sports Commission National Sports Center Foundation
By By
Its Its
City of Andover
By
Its
@
1685 CROSSTOWN BOULEVARD N.W. . ANDOVER, MINNESOTA 55304 . (763) 755-5100
FAX(763) 755-8923 . WWW.CI.ANDOVER.MN.US
TO: Mayor and Council Members
FROM: Jim Dickinson, City Administrator
SUBJECT: Discuss Community Education Opportunities
DATE: January 22,2008
INTRODUCTION
The City of Andover as part of the annual budget process for the past number of years has
included a funding contribution to the Anoka-Hennepin School District specifically for
Community Education. The budgeted contribution for 2008 is $45,200.
DISCUSSION
As a basic overview the Community Education program includes a variety of arts, skills,
enrichment, recreational and general interest classes and activities for preschoolers through teens
and many special events and activities. Facility use includes tournaments, community athletic
practices, civic groups, trainings, special community events and many other activities.
The current partnership with Community Education provides funding for sites within Andover,
which results in more classes/activities, more quality staff, and a more cost effective program for
the Andover community.
As we enter a new budget cycle, staff wanted to discuss. with Council if there were other
programs or facility use areas that the Council would like staff to focus on as we start discussions
with the school district.
ACTION REOUESTED
The Council is request to receive a brief presentation from Staff, discuss and provide direction on
how Staff should proceed.